Section § 8920

Explanation

This law explains how a probate referee is chosen by the court when dealing with estates. Generally, the court picks someone already appointed by the Controller to be a probate referee in that county. However, if no one is available or suitable, the court can choose a probate referee from another county.

The probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the county. If there is no person available who is able to act or if, pursuant to authority of Section 8922 or otherwise, the court does not designate a person appointed for the county, the court may designate a probate referee from another county.

Section § 8921

Explanation

This law allows the court to appoint a probate referee suggested by the personal representative when there is a good reason to do so. "Good cause" includes situations like if the referee has recently appraised the property in question, will appraise related properties in another case, or has recently worked with similar properties in other cases.

The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for the designation. The following circumstances are included within the meaning of good cause, as used in this section:
(a)CA Probate Code § 8921(a) The probate referee has recently appraised the same property that will be appraised in the administration proceeding.
(b)CA Probate Code § 8921(b) The probate referee will be making related appraisals in another proceeding.
(c)CA Probate Code § 8921(c) The probate referee has recently appraised similar property in another proceeding.

Section § 8922

Explanation

This law gives the court the power to choose not to appoint a person as a probate referee, even if that person has been appointed by the Controller to serve as a probate referee for a county.

The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a probate referee for the county.

Section § 8923

Explanation

This law states that certain individuals cannot be appointed as probate referees. Specifically, the court clerk, a partner or employee of the judge or commissioner making the appointment, and the spouse of the judge or commissioner cannot be designated. Additionally, individuals or their spouses who are closely related to the judge or commissioner (within three degrees) are also ineligible.

The court may not designate as probate referee any of the following persons:
(a)CA Probate Code § 8923(a) The court clerk.
(b)CA Probate Code § 8923(b) A partner or employee of the judge or commissioner who orders the designation.
(c)CA Probate Code § 8923(c) The spouse of the judge or commissioner who orders the designation.
(d)CA Probate Code § 8923(d) A person, or the spouse of a person, who is related within the third degree either (1) to the judge or commissioner who orders the designation or (2) to the spouse of the judge or commissioner who orders the designation.

Section § 8924

Explanation

This law outlines the circumstances under which a court can remove a probate referee in charge of appraising the value of an estate during the probate process. Firstly, the personal representative of the estate can ask the court to remove the referee if they demonstrate incompetence or unnecessary delays. Secondly, the personal representative has the right to remove the first assigned referee without providing a reason, as long as they do so before the inventory is delivered to the referee. Lastly, other statutory causes for removal may apply. Once a referee is removed, the court will appoint a new one according to specific procedures.

(a)CA Probate Code § 8924(a) The court shall remove the designated probate referee in any of the following circumstances:
(1)CA Probate Code § 8924(a)(1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
(2)CA Probate Code § 8924(a)(2) The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.
(3)CA Probate Code § 8924(a)(3) Any other cause provided by statute.
(b)CA Probate Code § 8924(b) Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.